Author: J. Kēhaulani Kauanui
Publisher: Duke University Press
Release Date: 2008-10-17
In the Hawaiian Homes Commission Act (HHCA) of 1921, the U.S. Congress defined “native Hawaiians” as those people “with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778.” This “blood logic” has since become an entrenched part of the legal system in Hawai‘i. Hawaiian Blood is the first comprehensive history and analysis of this federal law that equates Hawaiian cultural identity with a quantifiable amount of blood. J. Kēhaulani Kauanui explains how blood quantum classification emerged as a way to undermine Native Hawaiian (Kanaka Maoli) sovereignty. Within the framework of the 50-percent rule, intermarriage “dilutes” the number of state-recognized Native Hawaiians. Thus, rather than support Native claims to the Hawaiian islands, blood quantum reduces Hawaiians to a racial minority, reinforcing a system of white racial privilege bound to property ownership. Kauanui provides an impassioned assessment of how the arbitrary correlation of ancestry and race imposed by the U.S. government on the indigenous people of Hawai‘i has had far-reaching legal and cultural effects. With the HHCA, the federal government explicitly limited the number of Hawaiians included in land provisions, and it recast Hawaiians’ land claims in terms of colonial welfare rather than collective entitlement. Moreover, the exclusionary logic of blood quantum has profoundly affected cultural definitions of indigeneity by undermining more inclusive Kanaka Maoli notions of kinship and belonging. Kauanui also addresses the ongoing significance of the 50-percent rule: Its criteria underlie recent court decisions that have subverted the Hawaiian sovereignty movement and brought to the fore charged questions about who counts as Hawaiian.
Author: Kenneth R. Conklin
Publisher: E-Booktime, LLC
Release Date: 2007-03-01
Genre: Political Science
This book seeks to awaken the public to the dangers of the Hawaiian sovereignty movement. A gathering storm of racial separatism and ethnic nationalism threatens not only the people of Hawaii but the entire United States. The Hawaiian Government Reorganization bill, also known as the "Akaka bill" (currently S.310 and H.R.505), threatens to set a precedent for ethnic balkanization throughout America. It seeks to create a racially exclusionary government using federal and state land and money. Hawaii's independence activists want to rip the 50th star off the flag, either by international efforts or through the economic and political power the Akaka bill would give ethnic Hawaiians as a group. This book begins with an in-depth description and analysis of racial separatism and ethnic nationalism in today's Hawaiian sovereignty movement. Then it analyzes historical grievances, and the junk science of current victimhood claims, fueling the Hawaiian grievance industry. The book analyzes anti-military and anti-American activity. It describes the dangers of claims to indigenous rights, and why those claims are bogus in Hawaii. The book analyzes some Hawaiian sovereignty frauds including a billion dollars in Hawaiian Kingdom government bonds, the "Perfect Title" land title scam, and the "World Court" scam. The closing chapter offers hope for the future, describing an action agenda. Ken Conklin, author, has a Ph.D. in Philosophy. He has lived in Hawaii since 1992. He has devoted full time for 15 years to studying Hawaiian history, culture, and language, and the Hawaiian sovereignty movement; and speaks Hawaiian with moderate fluency. He is a scholar and civil rights activist working to protectunity, equality, and aloha for all. He has published numerous essays in newspapers, appeared on television and radio, taught a course on Hawaiian sovereignty at the University of Hawaii, and maintains a large website.
Author: Francis A. Boyle
Publisher: Clarity Press
Release Date: 2014-09-01
In 1993, the United States Congress enacted a solemn Apology for the United States invasion of Hawaii, admitting one hundred years later that "the indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people or over their national lands to the United States". It thereby admitted the illegality of its incorporation of Hawaii into America as its 50th state, opening the door for Hawaiian Independence and the restoration of the Kingdom of Hawaii. This book chronicles the legal battle waged toward that end by international law expert Francis A. Boyle on behalf of his Kanaka Maoli clients and friends that spans almost two and a half decades. As of this publication, that struggle has reached a decisive turning point which, if pursued following Boyle's strategy, will lead on to the victory of restoring the 1893 Kingdom of Hawaii by the Kanaka Maoli. This book serves as a guide for the pursuit of self-determination by occupied nations and indigenous peoples who can no longer claim numerical majorities over the whole of their native lands. It incorporates insights derived from legal work Boyle has done for Palestine, Lithuania, Bosnia and Herzegovina, Puerto Rico, Ireland and elsewhere around the world. Francis Boyle outlines what the Kanaka Maoli have done and must do to restore their state's independence, de facto and de jure. He details the arduous process of self-organization by disempowered peoples necessary to replicate the sovereign status of governments and states in today's world, from setting up governing structures and an economic system, to the sophisticated process of embarking on establishing relationships with and gaining recognition by states. There is much to learn here on how to create a state for peoples who don't have one yet. This book is of critical importance to those scholars, leaders, and activists working in the fields of International Law, Human Rights, Indigenous Peoples, Oppressed Nations, and Nation-Building. There is no other such book in print synthesizing expertise in all these areas into a coherent whole for the benefit of oppressed nations and persecuted peoples all over the world
Is the noise from next door keeping you up at night? Is the view from your backyard being obstructed? Is a neighborhood business driving you crazy? Learn your rights and responsibilities with Neighbor Law, Nolo's clear-cut, comprehensive guide to the laws concerning common neighbor disputes. This popular bestseller covers: fences trees animal issues boundaries blocked views noise water issues neighborhood businesses dangers to children ("attractive nuisances") secondhand smoke and other pollutants, and drones. In plain English, Neighbor Law explains how to find applicable laws and resolve disputes without going to court. It tells you when the law is on your side and how to deal with your neighbors without creating enemies. If you must go to small claims court, you will also find all the facts you need here.
Author: Paul Nahoa Lucas
Publisher: University of Hawaii Press
Release Date: 1995-01-01
A Dictionary of Hawaiian Legal Land-Terms is the first reference book of its kind to compile, organize, and explain critical information needed for the accurate translation and interpretation of nineteenth-century Hawaiian land-conveyance documents. Neither life-long residents nor recent newcomers should minimize the influence of Hawaii's unique history on the developments taking place in the state today. Yet for decades the study and translation of century-old documents - Royal Patents, Land Commission Awards, and deeds, to name a few - have been hampered by the lack of a comprehensive research tool. Now, in a single volume, readers have an overview of commonly used words and phrases, survey practices, and documents that were recorded in Hawaiian before the turn of the century. The book also includes Hawaii's appellate cases that have defined such terms. With the publication of A Dictionary of Hawaiian Legal Land-Terms, both professionals and non-professionals, Hawaiians and non-Hawaiians, have gained a valuable key to unlocking and understanding the past.
Author: Osagie Obasogie
Publisher: Stanford University Press
Release Date: 2013-12-11
Colorblindness has become an integral part of the national conversation on race in America. Given the assumptions behind this influential metaphor—that being blind to race will lead to racial equality—it's curious that, until now, we have not considered if or how the blind "see" race. Most sighted people assume that the answer is obvious: they don't, and are therefore incapable of racial bias—an example that the sighted community should presumably follow. In Blinded by Sight,Osagie K. Obasogie shares a startling observation made during discussions with people from all walks of life who have been blind since birth: even the blind aren't colorblind—blind people understand race visually, just like everyone else. Ask a blind person what race is, and they will more than likely refer to visual cues such as skin color. Obasogie finds that, because blind people think about race visually, they orient their lives around these understandings in terms of who they are friends with, who they date, and much more. In Blinded by Sight, Obasogie argues that rather than being visually obvious, both blind and sighted people are socialized to see race in particular ways, even to a point where blind people "see" race. So what does this mean for how we live and the laws that govern our society? Obasogie delves into these questions and uncovers how color blindness in law, public policy, and culture will not lead us to any imagined racial utopia.
Author: Ran Hirschl
Publisher: Harvard University Press
Release Date: 2009-06-01
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Author: J. Curtis Varone
Publisher: Delmar Pub
Release Date: 2007-11-12
The legal guidance that fire service leaders have been seeking can finally be found in one book! This all-inclusive legal reference includes discussions, cases and examples that will truly speak to a variety of fire chiefs and officers, municipal officials, emergency managers, and attorneys. The book includes explanations of laws as they relate to firefighting, and covers a broad range of topics including negligence, due process and discipline, Internet privacy, civil liability, employee issues such as drug testing, rescue doctrine, fireground search and seizure, and much more. Detailed case summaries and examples from the most significant disasters in fire service history help lend a real-life aspect to the legal topics at hand. An accompanying back-of-book CD-ROM includes over 5,000 laws from all 50 states that apply to the fire service, covering topics such as line of duty injuries, residency requirements, and liability. In addition, every arson law in the United States is listed on this valuable CD, which is easily searchable and navigated.
Author: James L. Haley
Release Date: 2014-11-04
A narrative history of Hawaii profiles its former state as a royal kingdom, recounting the wars fought by European powers for control of its position, its adoption of Christianity and its eventual annexation by the United States. By the author of Passionate Nation.
Author: Dana Naone Hall
Publisher: AI Pohaku Press
Release Date: 2017
Life of the Land: Articulations of a Native Writer explores the inexhaustible relationship of the Hawaiian people to their native land. Dana Naone Hall's writings cover more than three decades of her political and cultural engagement in public, federal, state, and county processes. As an activist with poetic sensibilities, Naone Hall demonstrates how meticulous analysis coupled with the power of the imagination can unlock new ways of seeing and relating to places that may not be immediately recognized as retaining profound Hawaiian elements. In her poem, "Keone'o'io Fishpond," she encourages, If you do not see how those here raised the soft-nosed needlefish, Look again. A nationally recognized poet, Naone Hall's decades of effective advocacy for Native Hawaiian and environmental issues began in 1984 as a founding member of Hui Alanui o Makena, an organization that successfully prevented the closing of the Old Makena Road (including the ancient Alaloa known as the "King's Highway" or "Pi'ilani Trail") fronting the Maui Prince Hotel. She was at the forefront of the Native Hawaiian burial movement born during the struggle to protect the multitude of iwi kupuna resting in the sand dunes of Honokahua, Maui. Efforts there led to amendments to Hawai'i State historic preservation laws, including new protections for Native Hawaiian burial sites and establishing Island Burial Councils for Hawai'i. Naone Hall defines activism as "99 percent trench work" and we see just a fraction of this work reflected in her writings. We clearly see her take every opportunity to speak for the kupuna and the lands in which their bones are planted. By encouraging engagement to benefit the life of the land--to protect and restore cultural sites across the islands--she ensures that "the life of the land will continue to be perpetuated for future generations." This book will serve as a companion and guide to those engaged in protecting the sustained presence of Native Hawaiians on and in the land.
Author: George M. Cole
Publisher: CRC Press
Release Date: 2016-08-05
Genre: Political Science
Land is important to all aspects of human life and has a key role in the economic well-being of society therefore, land tenure, land ownership, and real property law is a critical part of any developed nation. Together, the processes of how land parcels are held; how they are defined, measured, and described to allow economic transactions; how they are marked to allow their use and defense; and how they are legally protected have allowed for the orderly possession and use of land. In doing so, these processes have also provided the basis for the advanced economy of most developed nations. Very often, these processes—land tenure, boundary surveying, and cadastral systems—are considered separately. They are very much interrelated, and none of these processes may be completely understood without an understanding of the others. Land Tenure, Boundary Surveys, and Cadastral Systems provides an introduction to land tenure, cadastral systems, and boundary surveying, including an understanding of the interrelationship of these areas and their role in land tenure and real property law. This is especially true considering the advent of georeferenced cadastral maps reflecting the location of land parcels relative to many other components of the physical and legal infrastructure. Although intended as a basic text for college-level surveying courses, this book should also be of significant value to cadastral mappers, real property attorneys, land title professionals, and others involved with land transactions.
Author: Raymond Rippel
Release Date: 2015-11-01
Read the stories behind the history, beauty, and names of Marine Corps Base Hawaii and the Mōkapu Peninsula. What evidence remains on the peninsula of the early Hawaiians? Did Kahekili really leap from Kahekili's Leap? What was on the peninsula before the Navy arrived? What happened during the Japanese attack on the peninsula of Sunday, December 7, 1941? Who are the streets, athletic fields, and other facilities aboard the base named after? What is the story behind the Pacific War Memorial? Why is it on Marine Corps Base Hawaii?Meticulously researched and beautifully photographed, "Marine Corps Base Hawaii on the Mōkapu Peninsula" is the culmination of a fifteen-year effort to honor this amazing community with a chronicle that is sweeping, engaging, and eminently readable.Inside find nearly 200 maps, illustrations, and photographs in four chapters spanning 150 pages.